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White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand

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journal contribution
posted on 19.10.2020, 00:21 by Lisa Marriott
© The Author(s) 2019. Bagaric and Alexander (2014) argue for fundamental reform of the sentencing process for white-collar offenders in Australia and other jurisdictions. This study has two objectives. First, it challenges Bagaric and Alexander’s proposals. Second, using data from cases prosecuted by the New Zealand Serious Fraud Office, it instead proposes that white-collar offenders should not receive more lenient treatment in the justice system due to the privileged position from which the offending commences. This article suggests that an absence of restitution should be considered an aggravating factor, rather than the presence of restitution viewed as a mitigating factor; as an offender’s good character is often an enabler of the offending, this should not be considered as a mitigating factor and as extra-curial punishments, such as reputation damage or loss of future employment opportunities, are short-term for white-collar offenders, there is little justification for reduced sentences and extra-curial punishments can be viewed as a natural corollary of the offending.

History

Preferred citation

Marriott, L. (2020). White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand. Social and Legal Studies, 29(4), 486-506. https://doi.org/10.1177/0964663919883367

Journal title

Social and Legal Studies

Volume

29

Issue

4

Publication date

01/08/2020

Pagination

486-506

Publisher

SAGE Publications

Publication status

Published

Online publication date

23/10/2019

ISSN

0964-6639

eISSN

1461-7390

Article number

UNSP 0964663919883367

Language

en

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